100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3211

 

Introduced 2/15/2018, by Sen. Wm. Sam McCann

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 3932/5
20 ILCS 3932/10
20 ILCS 3932/15
20 ILCS 3932/20
20 ILCS 3932/25
20 ILCS 3932/25.5 new
20 ILCS 3932/35 new
20 ILCS 3932/40 new

    Amends the Deaf and Hard of Hearing Commission Act. Provides that the Deaf and Hard of Hearing Commission shall be composed of 11 Commissioners (currently, members) that are appointed by the Governor with the advice and consent of the Senate. Requires at least 7 (currently, 6) commissioners of the Commission to be people who are deaf, deafblind, or hard of hearing. Specifies the membership of the Commission. Modifies the qualifications and duties of the Director of the Commission. Provides that the added Director qualifications shall apply to anyone who becomes Director on or after the effective date of this amendatory Act. Establishes the Director as the chief executive officer of the Commission. Modifies a Section concerning the powers and duties of the Commission. Creates separate provisions specifying the powers of the Commission. Authorizes the Commission to make specified grants, bequests, agreements, and contracts. Defines "commissioner".


LRB100 18665 RJF 33892 b

 

 

A BILL FOR

 

SB3211LRB100 18665 RJF 33892 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Deaf and Hard of Hearing Commission Act is
5amended by changing Sections 5, 10, 15, 20, and 25, and by
6adding Sections 25.5, 35, and 40 as follows:
 
7    (20 ILCS 3932/5)
8    Sec. 5. Definitions. As used in this Act, unless the
9context requires otherwise:
10    "Chairperson" means the Chairperson of the Deaf and Hard of
11Hearing Commission.
12    "Commission" means the Deaf and Hard of Hearing Commission.
13    "Commissioner" means a resident of the State who is
14appointed by the governor with the advice and consent of the
15Senate to govern the Commission.
16    "Director" means the Director of the Deaf and Hard of
17Hearing Commission, its Chief Executive Officer.
18    "Vice-Chairperson" means the Vice-Chairperson of the Deaf
19and Hard of Hearing Commission.
20(Source: P.A. 89-680, eff. 1-1-97.)
 
21    (20 ILCS 3932/10)
22    Sec. 10. Commission. The Deaf and Hard of Hearing

 

 

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1Commission is created as an executive agency of State
2government. The Commission shall be composed of 11
3commissioners members, governed by a chairperson, and headed by
4a Director, who shall serve as its chief executive officer
5director.
6(Source: P.A. 89-680, eff. 1-1-97.)
 
7    (20 ILCS 3932/15)
8    Sec. 15. Commission membership.
9    (a) The Commission shall be composed of 11 commissioners
10voting members appointed by the Governor with the advice and
11consent of the Senate from residents of the State whose
12position, knowledge, or experience enables them to reasonably
13represent the concerns, needs, and recommendations of deaf,
14deafblind, or hard of hearing persons. At a minimum, 7
15commissioners 6 voting members of the Commission shall be
16persons who are deaf, deafblind, or hard of hearing, and the
17Commission shall consist of the following: .
18        (1) one parent or guardian of a deaf, deafblind, or
19    hard of hearing minor child;
20        (2) one licensed sign language interpreter for the
21    deaf, or a staff or faculty member from a collegiate
22    interpreter education program;
23        (3) one educator of the deaf, or a staff or faculty
24    member from a collegiate deaf education program;
25        (4) one deafblind representative;

 

 

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1        (5) one late-deafened representative;
2        (6) one representative from an organization or agency
3    that provides community-based services or vocational
4    rehabilitation services to the deaf, deafblind, and hard of
5    hearing population; and
6        (7) five members at large who are deaf, deafblind, or
7    hard of hearing.
8    The Chairperson of the Commission shall be elected from the
9Commission's membership by a simple majority vote of the total
10membership of the Commission. The Vice-Chairperson of the
11Commission shall be elected from the Commission's membership by
12a simple majority vote of the total membership of the
13Commission.
14    (b) The Governor shall consider nominations made by
15advocacy groups for the deaf and hard of hearing and
16community-based organizations.
17    (c) Of the initial commissioners members appointed by the
18Governor, 3 shall be appointed to terms of one year, 4 shall be
19appointed to terms of 2 years, and 4 shall be appointed to
20terms of 3 years. Thereafter, all commissioners members shall
21be appointed for terms of 3 years. No commissioner member shall
22serve more than 2 consecutive terms. A commissioner member
23shall serve until his or her successor is appointed and
24qualified.
25    (d) Initial commissioners' members' terms of office shall
26be chosen by lot at the initial meeting of the Commission.

 

 

SB3211- 4 -LRB100 18665 RJF 33892 b

1    (e) Vacancies in Commission membership shall be filled in
2the same manner as initial appointments. Appointments to fill
3vacancies occurring before the expiration of a term shall be
4for the remainder of the unexpired term.
5    (f) Commissioners Members shall not receive compensation
6for their services but shall be reimbursed for their actual
7expenses incurred in the performance of their duties plus up to
8$50 per day for any actual loss of wages incurred in the
9performance of their duties.
10    (g) Total membership consists of the number of
11commissioners voting members, as defined in this Section,
12excluding any vacant positions. A quorum shall consist of a
13simple majority of total membership and shall be sufficient to
14conduct the transaction of business of the Commission unless
15stipulated otherwise in the by-laws of the Commission.
16    (h) The Commission shall meet at least quarterly.
17(Source: P.A. 93-647, eff. 6-1-04.)
 
18    (20 ILCS 3932/20)
19    Sec. 20. Director. The Director of the Commission shall
20have knowledge, experience, and background regarding the
21unique issues, programs, and services of deaf, deafblind, and
22hard of hearing individuals; be fluent in American Sign
23Language; have a minimum of a bachelor's degree; and a minimum
24of 5 years' experience in a deafness related leadership or
25management capacity. The foregoing qualifications shall apply

 

 

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1to anyone who becomes Director on or after the effective date
2of this amendatory Act of the 100th General Assembly. The
3Director shall be employed at-will, serving at the pleasure of
4the Commission and shall be hired, supervised, evaluated, and
5terminated by the Commission. The Director, under the direction
6of the Commission, shall carry out the policies, programs, and
7activities of the Commission. The Director shall employ, in
8accordance with the provisions of the Illinois Personnel Code,
9manage, and organize the staff of the Commission as he or she
10deems appropriate.
11(Source: P.A. 93-647, eff. 6-1-04.)
 
12    (20 ILCS 3932/25)
13    Sec. 25. Duties Powers and duties of the Commission. The
14Commission shall be a coordinating and advocating body that
15acts on behalf of the interests of persons in Illinois who are
16deaf, deafblind, or hard of hearing, including children,
17adults, senior citizens, and those with any additional
18disability. The Commission shall submit an annual report of its
19activities to the Governor and the General Assembly on January
201st of each year. The Commission shall:
21        (1) Make available and provide an educational and
22    informational program through printed materials, workshop
23    and training sessions, presentations, demonstrations, and
24    public awareness events about hearing loss for citizens in
25    Illinois and for public and private entities. The program

 

 

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1    shall include, but not be limited to, information
2    concerning information and referral services, lending
3    libraries, service and resource availability, the
4    interpreter registry, accessibility and accommodation
5    issues, assistive technology, empowerment issues, support
6    service providers for the deafblind, obligations of
7    service providers and employers, educational options, and
8    current federal and State statutes, regulations, and
9    policies regarding hearing loss.
10        (2) Cooperate and work with public and private agencies
11    and local, State, and federal governments to coordinate
12    programs for persons who are deaf, deafblind, or hard of
13    hearing.
14        (3) Provide technical assistance, consultation, and
15    training support to start and enhance existing programs and
16    services for persons who are deaf, deafblind, or hard of
17    hearing.
18        (4) Evaluate and monitor State programs delivering
19    services to deaf, deafblind, and hard of hearing persons to
20    determine their effectiveness; identify, advocate for, and
21    promote new services or programs whenever necessary; and
22    propose solutions make recommendations to public officials
23    about changes necessary to improve the quality and delivery
24    of services, programs, and activities and about future
25    financial support to continue existing programs and
26    establish new programs.

 

 

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1        (5) Monitor State funded programs delivering services
2    to persons who are deaf, deafblind, or hard of hearing to
3    determine the extent that promised and mandated services
4    are delivered.
5        (6) Review, evaluate, and participate in the
6    development of, and advocate for, proposed and amended
7    statutes, rules, regulations, and policies relating to
8    services, programs, and activities for deaf and hard of
9    hearing persons and make recommendations on existing
10    statutes, rules, regulations, and policies to the
11    Governor, General Assembly, and State agencies.
12        (7) Promote cooperation among State and local agencies
13    providing educational programs for deaf and hard of hearing
14    individuals.
15        (8) Establish rules and regulations related to
16    evaluation, certification, licensure, and training
17    standards of interpreters for deaf and hard of hearing
18    persons.
19        (9) Provide systemic advocacy for various issues
20    related to communication, accessibility, accommodations,
21    and appropriate services to prevent violations of the legal
22    rights of deaf, deafblind, and hard of hearing individuals.
23    The Commission shall also explain, educate, and promote the
24    rights of deaf, deafblind, and hard of hearing individuals
25    to State and local governments, public and private
26    entities, service providers, and the general public.

 

 

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1    Ongoing issues, alleged violations, or discrimination
2    shall be referred, if necessary to assist with filing, to
3    the Illinois Attorney General, the Illinois Department of
4    Human Rights, the Illinois Human Rights Commission, or to
5    an appropriate federal civil rights enforcement agency.
6(Source: P.A. 93-647, eff. 6-1-04.)
 
7    (20 ILCS 3932/25.5 new)
8    Sec. 25.5. Powers of the Commission. The Commission shall
9ensure the duties under this Act are carried out and is also
10authorized to:
11        (1) Adopt, amend, or repeal bylaws and policies
12    necessary and proper for the conduct of the business of the
13    Commission.
14        (2) Adopt, amend, or repeal policies and procedures
15    necessary for the efficient operation of the Commission.
16        (3) Adopt, amend, or repeal rules and regulations to
17    implement the provisions of this Act.
18        (4) Appoint, supervise, evaluate, and terminate the
19    Director.
20        (5) Assist the Director in determining staff positions
21    necessary for the efficient operation of the Commission.
22        (6) Delegate administrative powers and duties to the
23    Director as it deems appropriate to aid the Director in the
24    efficient administration of the Commission and the
25    appropriate implementation of the policies and decisions

 

 

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1    of the Commission.
2        (7) Oversee budget and expenditures, including the
3    approval of annual budget proposals to implement the
4    provisions of this Act.
5        (8) Establish task forces and committees to advise,
6    recommend, and investigate issues of significance to
7    individuals who are deaf, deafblind, and hard of hearing in
8    this State.
9        (9) Assess the performance of the Commission, and the
10    programs and activities of the Commission, through
11    continuous self-assessments and evaluations.
12        (10) Perform other functions as are necessary to the
13    supervision and control of those duties and
14    responsibilities of the Commission.
 
15    (20 ILCS 3932/35 new)
16    Sec. 35. Grants and bequests. The Commission may accept
17donations, bequests, grants, or other forms of financial
18assistance to aid in the financing of any programs or
19activities from any public or private person or agency. The
20Commission shall comply with rules and regulations governing
21grants from the federal government, or from any other person or
22agency, which are not in contravention of the Illinois
23Constitution or the laws of this State. Those funds shall be
24received by the State Treasurer on behalf of the Commission and
25deposited in a special account for use by the Commission.
 

 

 

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1    (20 ILCS 3932/40 new)
2    Sec. 40. Agreements and contracts. The Commission may make
3agreements with other departments and agencies of the State,
4and may contract with other individuals, organizations,
5corporations, associations, or other legal entities, including
6private agencies, departments or agencies of the federal
7government, or any political subdivision thereof, to carry out
8any of its duties, responsibilities, functions, and
9activities.